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Posted: Mon Oct 01, 2007 12:05 pm
by zeli
My IVA has been approaved. And in which way can I claim any refund from banks charges?
Posted: Mon Oct 01, 2007 12:33 pm
by R1chard
if you get any bank charges paid back they will be classed as a windfall and go towards your iva..
however -the banks have agreed to go to court regarding charges and wont be paying any back until a presidence has been given.
however - still apply for them and you will be put on file.
Posted: Mon Oct 01, 2007 1:15 pm
by bagpuss
Our IVA was finished nearly 2 years ago and someone had told me about this claiming your bank charges back...i decided not to. The reason i did was becouse i felt that after completeing my IVA at 22p in the pound i had no right really to be then asking for refunds on charges. The bank would have been one of my IVA creditors who accepted my offer.
Not saying anyone shouldnt do it...just explaining why i didnt. x
Posted: Mon Oct 01, 2007 1:39 pm
by R1chard
the bank was one of my creditors aswell. but at the end of the day they took those charges unlawfully.
Posted: Mon Oct 01, 2007 1:42 pm
by jpj
Bagpuss...It was the banks that helped get you into the IVA in the first place by charging you £30 for a letter!!...A bank is not a person, its a huge organisation and you are merely another number,you showed them great respect,wether they deserved it is another matter....they have billions..you dont!..pop your claim in !
Posted: Mon Oct 01, 2007 2:26 pm
by bagpuss
I dont know if i could, they made 1000's from us but they also wrote off 1000's...all the paperwork and hassle...i left them (LLoyds) when i did the IVA so its been nearly 2 years now.
Great for those of you who have done it...really i mean it. Fighting back spirit is good...i just dont have any fight left in me...Lol xx
Posted: Mon Oct 01, 2007 3:41 pm
by jpj
Shame...you can claim back 6 years....Im dealing with a company called CBTBC ltd...all you have to do is download a very simple 1 page form,fill it in and send it off..they do the rest...you dont have to lift a finger!!...and they only take 15% of what ever they get back for you!! could be a fruitful 10 mins work!! ...your call though! [B)]
Posted: Mon Oct 01, 2007 4:18 pm
by Andrew Graveson
Unless you can prove "hardship" (which is not clearly defined, and the banks tend to ignore the letter proving hardship anyway) or find an unusually receptive judge all of these cases are on hold. The OFT is taking most of the major banks to court to decide once and for all if the charges are lawful. The FSA has allowed the banks to suspend all investigations into complaints about bank charges in the interim. The case is due to start early in 2008 and could be subject to appeals taking years. At the same time the FSA has allowed the banks to continue to make the charges (which most consider to be unlawful).
58000 people so far have expressed their frustration at this one-sided state of affairs on the Prime Ministers petitions site:
http://petitions.pm.gov.uk/BankCharter/
Andrew Graveson
Bright Oak
andrew@brightoak.co.uk
www.brightoak.co.uk
Posted: Mon Oct 01, 2007 4:22 pm
by BECKY
If the charges are deemed to be unlawful will everyone automatically get the fees returned or is it the same procedure as before u have to send letters go to court etc. Sorry if im being naive , just wandering
Posted: Mon Oct 01, 2007 4:32 pm
by Andrew Graveson
Unfortunately that's impossible to predict at this stage.
The best advice is to file a claim with your bank now. You cannot look back more than six years with such claims. If you had bank charges back then and do not register a claim now you may well lose the ability to reclaim that money later.
Andrew Graveson
Bright Oak
andrew@brightoak.co.uk
www.brightoak.co.uk
Posted: Mon Oct 01, 2007 4:37 pm
by jpj
Best thing is to file your claims then just forget all about it....if a cheque suddenly arrives on your doorstep in 2 years time it will be a pleasant surprise!![:p]